Court of Appeals of Illinois, First District, Fifth Division
Appeal from the Circuit Court of Cook County. No. 93 CR 1352. Honorable Mary Margaret Brosnahan, Judge Presiding.
For Plaintiff-Appellee: Alan J. Spellberg, Tasha Kelly, Margaret M. Smith, Assistant State's Attorney, of counsel, Anita Alvarez, Cook County State's Attorney, Chicago, IL.
For Defendant-Appellant: Michael J. Pelletier, State Appellate Defender, Alan D. Goldberg, Deputy of Cook County, Jennifer L. Bontrager, Assistant Appellate Defender, Chicago, IL.
JUSTICE McBRIDE delivered the judgment of the court, with opinion. Presiding Justice Palmer and Justice Gordon concurred in the judgment and opinion.
[¶1] Defendant Lamonte Lake appeals the trial court's sua sponte dismissal of his pro se petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2010)). Defendant argues that (1) the addition of a three-year term of mandatory supervised release (MSR) violated his due process rights; and (2) the case must be remanded because the trial court's dismissal
was premature since the State was not properly served with defendant's petition.
[¶2] Following a 1996 jury trial, defendant was found guilty of first degree murder of 14-year-old Alvin Gilmore and sentenced to a term of 45 years in the Illinois Department of Corrections. Defendant's conviction and sentence were affirmed on direct appeal. People v. Lake, 298 Ill.App.3d 50, 697 N.E.2d 1147, 232 Ill.Dec. 217 (1998). Defendant has unsuccessfully challenged his conviction and sentence several times in the form of postconviction petitions, a petition for writ of mandamus, and section 2-1401 petitions. See, e.g., People v. Lake, 332 Ill.App.3d 1137 (2002), People v. Lake, 391 Ill.App.3d 1119, 982 N.E.2d 988, 367 Ill.Dec. 838 (2009), and People v. Lake, 401 Ill.App.3d 1142, 989 N.E.2d 1217, 371 Ill.Dec. 289 (2010), (unpublished orders under Supreme Court Rule 23); People v. Lake, 2012 IL App. (1st) 110219-U.
[¶3] The reviewing court on direct appeal described the circumstances that led to the shooting death of a 14 year old as follows. " Events that began with a street encounter between two women and a slap ended on December 26, 1992, with a hail of bullets being fired at and into a building with the resultant death of Alvin Gilmore, who suffered a gunshot wound to the head." Lake, 298 Ill.App.3d at 52.
[¶4] The court then summarized the evidence at trial:
" On December 26, 1992, Lashundia Davis, while on her way to a store by her home, ran into Tineshea Lake, who was with two other women, Rashawn Jackson and Kimberly Manning. Tineshea had previously dated Lashundia's boyfriend, Orlando Potts. Rashawn approached Lashundia, said something to her and slapped her across the face. At this point, Tineshea said 'let's get her.' Lashundia then ran home and spoke to her sister and brother, who then accompanied her to Tineshea's home. At Tineshea's house, Lashundia offered to fight Tineshea but Tineshea refused and Lashundia went home. On her way home, Lashundia ran into her mother and her boyfriend, Orlando Potts. After they conversed, Orlando Potts went to Tineshea's house and broke windows in her house.
Ben Harden testified for the State pursuant to a plea agreement in which first degree murder charges against him were dropped and he received a sentence of 12 years' imprisonment for aggravated discharge of a firearm. According to Harden's testimony, he was in a car with Lemont Lake when Lemont stopped to make a phone call in response to a page he received on his pager. Harden testified that defendant appeared to be angry when he got back in the car and told Harden that '[t]hey was bogus.' Defendant then drove to Allen Duncan's apartment on 55th and Union Streets. Once inside, defendant told Allen to 'give me that,' at which point Allen retrieved a black, 9 millimeter gun along with a loaded clip and handed it to defendant. Defendant put the loaded clip into the gun.
Defendant, Ben Harden and Allen Duncan left Allen's apartment where, soon thereafter, they saw Jermail Lake and Shon Scott. Defendant told Jermail and Shon, 'They was bogus for doing that.' Defendant, Allen Duncan and Ben Harden then drove to the Lake house at 39th and Prairie, where they
met Jermail Lake and Shon Scott, who had driven separately. Rashawn Jackson was sweeping up the glass from the window that Orlando Potts had broken. Harden further testified that Tineshea told defendant that Orlando had broken the windows because she had called him 'out [ sic ] his name.' Harden also testified that Tineshea told the group, which consisted of himself, defendant, Jermail Lake, Shon Scott, and Allen Duncan, that they should go to Orlando's house and 'kick his ass,' but that they should be careful because someone would be there. Defendant then pulled out the 9 millimeter gun and said, 'don't worry about it.'
Defendant, Jermail Lake, Ben Harden, Shon Scott and Allen Duncan left the apartment and walked northbound on Prairie to Lashundia's house. Lashundia lived at 3932 S. Prairie, which is a low-rise housing unit. When they reached a tree about 30 feet away from Orlando's apartment, defendant told the group to stop, pulled the gun out of his jacket and aimed it toward the apartment. As defendant fired the gun he said, 'watch me light this place up.' He fired 16 shots at the apartment. On cross-examination, Harden testified that he could see people in Orlando's apartment before defendant began shooting.
Defendant, Ben Harden and Allen Duncan ran to defendant's car and Allen drove them to defendant's house, where they drank and watched videos. Jermail Lake and Shon Scott arrived 5 to 10 minutes later. Jermail then made a phone call in which Ben heard him say, 'Is everybody straight? Is she ...